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Interim Provisions of Shanghai Municipality on Punishment Imposed by the Subdistrict Supervisory Teams
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| (Promulgated by Decree N0.40of the Shanghai Municipal People' s Government on April 2,1997) Article 1 (Basis of Provisions) The present Provisions are formulated on the basis of the "Regulations of the Shanghai Municipality on Subdistrict Office, and the related laws and regulations, taking into consideration the actual circumstance of the city. Article 2 (Scope of Application) The present Provisions apply to the supervision and penalty imposing activities taken by the Subdistrict Supervisory Teams in the administrative areas of the Subdistrict Offices of the city. Article 3 (Organization for Enforcement) The office of the Shanghai Municipal Administrative Commission together with the Shanghai Municipal Construction Commission shall organize the implementation of the present Provisions. Article 4 (Establishment of a Sub-district Supervisory Team) The Sub-district Office establishes the Sub-district Supervisory Team. The Sub-district Supervisory Teams shall work under the leadership of its Sub-district Office, shall enforce the administrative punishment according to the present Provisions, and accept the professional guidance and supervision of the competent administrative authorities concerned. The Subdistrict Office has the power to organize and coordinate the organizations of public security, industry and commerce administration, and tax etc. in the area under its jurisdiction, to support and take the concerted action with the Subdistrict Supervisory Team for supervisory and penalty imposing work. Article 5 (Functions and Powers of the Sub-district Supervisory Team) The Subdistrict Supervisory Team shall, in the area under its jurisdiction give the wrongdoers disciplinary warning and/or impose a fine according to the present Provisions for violation of the rules and regulations of municipal supervision on city appearance, environmental sanitation, environmental protection, municipal facilities protection, and afforestation etc. when the offences are minor. Article 6 (Requirements for Making Decisions of Administrative Penalty) The decision of administrative penalty made by the Sub-district Supervisory Team shall be based on definite facts, irrefutable evidence and legal basis. The Sub-district Supervisory Team shall stick to the principal of combining penalty with education, urge citizens, legal persons or other organizations to abide by law conscientiously. If the offence is minor, and corrected in time, and has not caused harm and damage, the wrongdoer shall be exempted from administrative punishment. Article 7 (Punishment for Violating the Provisions on Environmental Sanitation Supervision) Any one who violates the provisions on environmental sanitation supervision shall be given disciplinary warning or be fined according to the following provisions: 1.A fine of 10yuan for spitting, uttering and disposing of animal corpses at random; 2.A fine from 10 to 20yuan for relieving oneself all over the place; 3.A fine from 10 to 50yuan for disposing of rubbish, sewage and excrement a11 over the place; 4.A fine from 20 to 50yuan for an individual person, and a fine from 20 to 200 yuan for a unit for burning tree leaves and rubbish in open-air sites and pubic dustbins in the neighborhoods, lanes and alleys, or residential quarters; 5.A fine of 50yuan for an individual person, and a fine from 50 to 100yuan for a unit for stacking things in public places in the neighborhoods, lanes and alleys, or residential quarters and affecting the environmental sanitation; 6.A fine under 50yuan for raising poultry and livestock without permission in zones where animal-raising is forbidden, or for failing to take cleaning measures and affecting the environmental sanitation even though they are approved to raise animals and to sell poultry and livestock in markets; 7.A fine under 50yuan for violating the provisions on raising carrier-pigeon, and having affected the environmental sanitation; 8.A fine of 10 yuan for each square meter of contaminated area when a vendor does not have his own garbage can, or does not clean his stand and the surrounding areas; 9.A fine under 50yuan for an individual person, and a fine under 500yuan for a unit for stopping or damaging the sewers and the septic tannic tanks resulting in the excrement spilling; 10.A fine of 10yuan for each square meter of area contaminated with goods or garbage leaked or dropped from driving-vehicles, or for leaving the sites uncleaned after cargo 1oading and unloading; or 11.A fine under 50yuan for an individua1person, and a fine under 1,000 yuan for a unit for arbitrarily demolishing, removing, occupying, damaging or closing the facilities of environmental sanitation. Article 8 (Punishment for Violating the Provisions on Waste Residue Supervision) Anyone who violates the provisions of waste residue supervision shall be given disciplinary warning or be punished according to the following provisions and their means of transportation may be temporarily detained: 1.Those who dispose of construction garbage or waste residues without permission by the department of waste residue supervision, will be fined 50yuan per ton; 2.Those who transport construction garbage or waste residues without permission by the department of waste residue supervision, will be fined 200yuan for each vehicle,500yuan for each ship; 3.Those who have not taken their permits for disposal along with their vehicles or ships will be fined 50yuan for each vehicle or ship; and 4.Those who lend, transfer, alter or forge Permits for Disposal, will be fined from 200to 500yuan for each Permit. Article 9 (Punishment for Violating the Provisions on City Appearance Supervision) Any one who violates the provisions of city appearance supervision will be given disciplinary warning or be imposed a fine according to the following provisions: 1.A fine under 200yuan for a unit for failing to keep clean and in good condition those neon lights, signboards, picture galleries, advertisement columns, sunshading sheds and so forth set up with permission; 2.A fine under 1,000yuan for a unit for installing outdoor advertising facilities without permission; and 3.A fine under 50yuan for an individual person, and a fine under 200yuan for a unit for daubing or carving on buildings, structures, trees, sculptures and other public facilities, or hanging up or putting up sales promotional items without permission. Article 10 (Punishment for violating the provisions on Environmental Protection Supervision) Any one who violates the provisions of environmental protection supervision will be given disciplinary warning or a fine according to the following provisions: 1.A fine under 50yuan for an individual person, and a fine under 1,000yuan for a unit for producing poisonous, harmful smoke and ash or terrible smell by burning residues in areas not designated for this purpose; 2.A fine under 50 yuan for an individual person, and a fine under 1,000yuan for a unit for producing a large quantity of dust and fly ash in the process of construction, transportation, loading and unloading, and manufacture; 3.A fine from 500to 1,000yuan for a unit or a self-employed worker for affecting the environment and living of residents by violating the related regulations for setting up air conditioners and cooling equipment; 4.A fine under 1,000 yuan for a construction unit for affecting residents' repose by constructing in forbidden time at night, except for the situation of rushing to repair, rushing to deal with emergencies, or carrying out, with approval in accordance with law, works that must be done without interruption; 5.A fine under 1,000yuan for a unit or a self-employed worker who sponsors for profit cultural and recreational activities that produce noise pollution and affects neighboring resident' s repose; 6.A fine under 50yuan for an individual person, and a fine under 1,000yuan for a unit for making noise pollution by using high-power loudspeaker in the neighborhoods, lanes and alleys, residential quarters, street gardens and other public places provided that such use is approved by competent authorities; 7.A fine under 50yuan for causing environmental noise pollution by using household appliances or musical instruments, or by engaging in other indoor entertainment without taking effective measures; and 8.A fine under 50yuan for an individual person, and a fine under 500yuan for a unit for producing noise pollution and affecting residents' repose when decorating houses at night. Article 11 (Punishment for Violating the Provisions on Municipal Facilities Supervision) Any one who violates the provisions on municipal facilities supervision shall be given disciplinary warning or according to the following provisions: 1.A fine of 50yuan for an individual person, and a fine from 50to 500yuan for a unit for setting up stands or stacking goods in the street in violation of relevant provisions of law, and such goods and incomes may temporarily be detained; 2.A fine from 20to 100yuan shall be imposed for every square meter of passage occupied exceeding the permitted space or time in the neighborhoods, lanes and alleys, residential quarters; and 3.A tine of 50yuan for an individual person, and a fine from 50to 500yuan for a unit for stealing, purchasing, moving or damaging the covers of inspection wells and other accessory facilities in the roads. Article 12 (Punishment for Violating the Provisions on Afforestation Supervision) Wrongdoers will be give disciplinary warning or imposed a fine under 50yuan for undertaking the following acts: 1.Dumping rubbish or harmful waste residues and sewage in green land or beside trees; 2.Piling up odds and ends in greens; 3.Putting up sheds using trees as pillars; 4.Breaking and damaging flowers, trees or trampling green land and flower beds; or 5.Cutting trees or removing trees without permission. For the other acts of damaging facilities in gardens, the wrongdoer shall be given disciplinary warning or be imposed a fine amounting to one to three times of the losses. Article 13 (Sub-district Supervisory Teams' Limits of Authority to Punish) The fine imposed by the Sub-district Supervisory Teams under the present Provisions, shall not be more than 50yuan for an individual person and not more that 1,000yuan for a unit. Article 14 (System for Turning over the Cases) For the cases beyond the limits of authority to impose administrative disciplinary punishment set by the present Provisions, the Sub-district Supervisory Teams shall turn them over to the competent departments, at the same time they shall coordinate with these departments. These departments concerned shall not refuse to accept the cases without justifiable reasons. The Subdistrict Supervisory Teams shall deliver all the evidence such as case reports, on spot notes and investigating records, etc. when they turn over the cases to the competent departments. The department that accepts the case turned over shall make a decision within 15days from the receiving date, and notify the Subdistrict Supervisory Teams in time. Article 15 (Administrative Measures that may be taken by Sub-district Supervisory Teams) When implementing administrative penalty, the Subdistrict Supervisory Teams shall order the wrongdoer to correct or correct within a limited time the wrongdoing, order the wrongdoer to compensate for the losses, if any, caused by their wrongdoing. In case the wrongdoer refuses to do the cleaning up as ordered, the Sub-district Supervisory Team may do the cleaning up for the wrongdoer, and order the wrongdoer to bear such expenses. Article 16 (Disposal of Temporarily Detained Goods) The Subdistrict Supervisory Teams shall timely turn over the means of transportation used and income gained in the wrongdoing according to the present Provisions to the departments having power of disposal, which shall make the disposal according to laws, regulations and rules. The Subdistrict Supervisory Teams shall give back other goods temporarily detained according to the present Provisions to the wrongdoer, or hand them over to the departments having power of disposal to dispose them in accordance with the related laws, regulations and rules. Article 17 (Demolition of the Illegal Buildings) The Sub-district Supervisory Teams have the power to order the wrongdoers to demolish the illegal buildings or structures within a definite period of time if the wrongdoers undertake any of the following acts: 1.Putting up buildings or structures in roads or passages in neighborhoods, lanes and alleys, or residential quarters without permission; 2.Putting up buildings or structures attached to the out-walls of houses in the neighborhoods, lanes and alleys, or residential quarters without permission; or 3.Failing to demolish temporary buildings or structures for construction within the time limit. The Subdistrict Supervisory Teams shall make written decisions and order the person concerned to demolish the illegal buildings or structures within the time limit. They may demolish mandatorily the illegal buildings or structures if the person concerned refuses to demolish them within the time limit. The Subdistrict Supervisory Teams shall make written decisions for the mandatory demolition of illegal building or structures and serve the written decision on the person concerned two days before the mandatory demolition. The person concerned or two or more other persons who have no interests in the acts shall be present when the illegal buildings or structures are mandatorily demolished; on-the-spot records shall be made at the same time. Article 18 (Procedure of Punishment) Not less than two sub-district supervisors are needed in investigating, inspecting or enforcing the administrative punishment. They shall show their identifications for law-enforcement to the person concerned or other related persons. The sub-district supervisors shall tell the person concerned the facts, reasons, basis for the punishment, and the rights enjoyed by the person concerned according to law before they decide to enforce the administrative punishment. The sub -district supervisors shall fill in the Decision for Administrative Punishment with predetermined form, number, signatures or seals when they enforce the administrative punishment. The Decision for Administrative Punishment shall be handed over to the person concerned on the spot. The person concerned has the right to refuse to be penalized if the supervisors don' t show their identifications for law-enforcement or the Decision for Administrative Punishment. Article 19 (Collecting Fines on the Spot) The subdistrict supervisors, when implementing administrative penalties, may collect the fines on the spot under the following situations: 1.The fine is no more than 20yuan according to law; or 2.The fine is difficult to collect later if not collected on the spot. Where the sub district supervisors collect the fines on the spot, they shall issue to the party concerned receipts of fine or confiscation of property uniformly printed by the Municipal Financial Department. The party concerned has the right to refuse to pay the fine if the above-mentioned receipt is not issued. The fine collected shall be submitted to the State Treasury according to the relevant provisions. Article 20 (Subdistrict Supervisory Teams' Control over the Supervisors) The Subdistrict Supervisory Teams shall establish a supervisory system to control the supervisors' law enforcement. The Subdistrict Supervisory Teams may alter inappropriate decisions on administrative punishment, and make new ones. Article 21 (Statistic Report of Penalties) The Subdistrict Supervisory Teams shall submit the statistics for penalties of the previous month to the Administrative Commission (Office) of the District within the first ten-day period of every month. Article 22 (Withdrawal of Subdistrict Supervisors) A subdistrict supervisor shall withdraw where the case his/her close relatives, or certain relationship which may affect the fair and just handling of the case. Article 23 (System of Accepting Report) The Subdistrict Supervisory Teams shall establish the system of accepting report of wrongful acts. Citizens, legal persons or other organizations have the right to report to the Subdistrict Supervisory Teams the punishable wrongful acts listed in the present Provisions. The Sub-district Supervisory Teams shall investigate the cases in time, and keep them strictly confidentiality for the reporters. Article 24 (Legal Liability for Refusal and Impediment of Law Enforcement) If the wrongdoers refuse or impede the law enforcement of the subdistrict supervisors and their new wrongdoings are minor, the Public Security Departments will penalize the wrongdoers according to the "Regulations of the People' s Republic of China on Public Security Administration and Imposition of Punishment"; but if the wrongful act constitutes a crime, the wrongdoer will be charged with criminal liability according to law. Article 25 (Investigation of the Illegal Acts of the Law-Enforcement personnel) The subdistrict supervisors shall enforce the law impartially. Those who abuse their powers, bend the law for private benefits, ask for and accept bribes shall be given administrative disciplinary measures in their units, If their offences are serious and constitute a crime, they shall be charged with criminal liability according to law. Article 26 (Joint Meeting) The Municipality and the Districts shall establish the system of joint meeting to study at regular intervals and coordinate the work and the construction of the Subdistrict Supervisory Teams. The Municipal and District Administrative Commissions (Offices) shall guide the work of the Subdistrict Supervisory Teams together with the administrative departments concerned, strengthen the supervision over the Sub-district Supervisory Teams. Article 27 (Department for Reconsideration) If the party to be punished refuses to accept the specific administrative acts of the Sub-district Supervisory Teams according to the present Provisions, they may bring an administrative action directly in the people' s Courts, or apply for reconsideration according to the following provisions: 1.The party who disagrees with the specific administrative acts of the Sub-district Supervisory Teams done under Articles 7and 8of the present Provisions may apply to the District Environmental Sanitation Supervision Department for reconsideration; 2.The party concerned who disagrees with specific administrative acts of the Subdistrict Supervisory Teams done under Article 9of the present Provisions may apply to the District Department of City Appearance Administration for reconsideration; 3.The party concerned who disagrees with the specific administrative acts of the Sub-district Supervisory Teams done under Article 10(1) to (5)of the present Provisions may apply to the District Environmental Protection Departments for reconsideration; 4.The party concerned who disagrees with the specific administrative acts of the Sub -district Supervisory Teams done under Article 10(6) to (8) of the present Provisions may apply to the District Public Security Departments for reconsideration; 5.The party concerned who disagrees with the specific administrative acts of -the Sub-district Supervisory Teams done under Article11of the present Provisions may apply to the district Highway Administration Department for reconsideration; 6.The party concerned who disagrees with the specific administrative acts of the Sub-district Supervisory Teams done under Article 12of the present Provisions may apply to the District Garden Administration Department for reconsideration; or 7.The party concerned who disagrees with the specific administrative acts of the Sub-district Supervisory teams done under Article 17of the present Provisions may apply to the District Program Administrative Department for reconsideration.' If the party concerned does not apply for reconsideration or bring an action, and does not carry out the specific administrative acts, the Subdistrict Supervisory Teams may apply to the People' s Courts according to law for enforcement. Article 28 (Enforcement Date) The present Provisions shall become effective on the date of promulgation |
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